Question: How have the federal courts discouraged class-

> Suppose that a company is interested in a newly proposed regulation on clean air by the Environmental Protection Agency. What should this company do to provide its input on this EPA regulation?

> Describe the four possible functions of an administrative agency.

> Discuss the concept of “discharge” as used in bankruptcy law. What types of debts are not dischargeable? Explain.

> Roger sells his expensive mowing tractor to his neighbor Zan. Shortly after Zan takes possession, someone representing the lawn equipment company tells Zan that the store holds a purchase money security interest (PMSI) in the tractor. Does the store have

> (a) Describe the requirements for attachment of a security interest under UCC, Article 9. (b) Describe four different instances that demonstrate perfection of a security interest.

> Federal Rule 11 sanctions are available against both lawyers and their clients to curb frivolous litigation. Under what circumstances may sanctions be imposed?

> Under what circumstances may a court grant a motion for summary judgment?

> How do abusive discovery practices raise the cost of litigation?

> (a) Why do surprises rarely occur at trial? (b) What are some of the key devices a litigant can use in discovery?

> Describe the purpose of a complaint and an answer in civil litigation. What is the function of the pleading stage in a lawsuit?

> Why is the notion of res judicata critical in civil litigation?

> How does the court enforce judgments?

> What normally is contained in an appellate brief? An oral argument?

> The Zenith Credit Bureau telephones Dan and his family almost daily about payment of a $3,500 debt. The phone calls are causing stress for Dan’s family. Dan cannot afford to pay the debt at present, and he needs a listed telephone number for his business

> Name the three critical roles a lawyer serves in society. Why have many lawyers and their business clients had such conflict in recent years?

> Why have several states eliminated the requirement of unanimity in jury trials?

> What are the essential responsibilities of a trial judge?

> Ace Contracting constructs an office building for Realty Enterprises. Realty’s tenants quickly find a number of minor problems with the plumbing and insulation of the new building. When Realty contacts Ace about bringing its work up to standard, Ace prom

> (a) Explain the role of tender of performance. (b) What is the impact of one party tendering its performance?

> (a) Discuss the propriety of entities that acquire and assert patents but make no product. (b) You discover a specific human gene that determines male pattern baldness. Explain what it means to say that you can patent this gene.

> Is it possible for two utility patents owned by different people to cover the same product? Explain.

> Through long, expensive research you determine that both a bowling ball and a feather fall at the rate of 32 feet per second in a vacuum. Can you patent this knowledge? Explain.

> Describe the process for obtaining a patent.

> Can arbitration agreements be used to keep employees from litigating discrimination issues? Discuss.

> Why has there been so little use of cost-benefit analysis when judging the merits of an agency’s proposals and actions?

> Explain how state antidiscrimination laws protect workers in situations where federal laws do not.

> Do employers have an obligation to negotiate with groups of employees over issues of discrimination? Explain.

> Why does Title VII not apply to preventing discrimination in the getting and keeping of health insurance?

> Amy learns that she has the “breast cancer gene.” Devastated, she shares the news with her supervisor. A few days later, Amy receives a harsh employment evaluation—the first of her career—criticizing her handling of a client matter. Two weeks later, Amy

> Cantrell, the controller of Xylec’s Inc. was forced to retire at age 58 due to a general company policy. Although Cantrell has a company pension of $50,000 per year, she believes that her lifestyle will soon be hampered due to inflation, since the pensio

> When is it an advantage for a plaintiff to use Section 1981 as the basis for discrimination litigation as contrasted with using Title VII?

> Why is it important for businesspeople to understand the role of state blue sky laws in addition to federal securities regulations?

> Susan files a petition for certiorari in the U.S. Supreme Court following an adverse decision in the Illinois Supreme Court on a claim arising under a breach of contract. What chance does Susan have of the Supreme Court granting the petition? What specia

> XYZ makes and markets a product that it believes will help control weight by blocking the human body’s digestion of starch. The Food and Drug Administration (FDA) has classified the product as a drug and orders it removed from the market until it can eva

> Mark, a citizen of Georgia, was crossing a street in Atlanta when he was struck by a car driven by David, a citizen of New York visiting Atlanta. The car was owned by David’s employer, a Delaware corporation that has its principal place of business in At

> Describe four types of costs that businesses must absorb due to the regulatory process.

> A jury finds Lee, the defendant, liable in a tort case. It determines that José, the plaintiff, has suffered $200,000 in damages. The jury also finds that José’s own fault contributed 25% to his injuries. Under a comparative negligence instruction, what

> Explain the difference between proximate causation and causation in fact.

> (a) What does it mean to say that “chains of causation stretch out endlessly”? (b) What is the standard used by the judge in instructing the jury about causation?

> In litigation who usually determines if the defendant’s behavior is unreasonable?

> (a) Do you have a duty of care to warn a stranger on the street of the potential danger of broken glass ahead? (b) Do you have a duty to warn an employee of similar danger at a place of employment? Explain.

> What are the advantages and disadvantages of a joint venture with a foreign firm?

> (a) How should a licensor protect its investment in a foreign country? (b) Is licensing a less risky approach for the seller than direct foreign investment?

> BMW, a German buyer, opens an irrevocable letter of credit in favor of Goodyear, an American seller, for the purchase of tires on BMW automobiles. BMW confirms the letter of credit with Goodyear’s bank in New York, JPMorgan Chase. How will the seller obt

> Describe how mediation can be used in conjunction with arbitration.

> What is the nature of mediation that reduces the degree of judicial supervision?

> (a) Using an instance in which you bought or sold something in the last week describe the terms of an express contract that might arise between the supplier and the seller. (b) When would an implied-in-fact contract arise between a seller and a buyer?

> Why is taxation of private property legal?

> Discuss why it is important to have a property right in the uses of things.

> A building contractor is sued by homeowners alleging that their homes were poorly constructed resulting in several defects. The contractor adds to the lawsuit a building supplier that it claims provided faulty support beams. How can the contractor add th

> (a) Define jurisprudence and name four schools of jurisprudence. (b) Describe the main difference between the jurisprudences of natural law and sociological jurisprudence.

> What standard of review do courts use to decide whether to uphold the factual determinations made by an administrative agency?

> What are the two issues that must be considered by courts to determine whether a person has standing to challenge an agency’s decision?

> (a) When was this administrative agency created? (b) What types of regulatory authorities does the SEC have at its disposal?

> Why Nations Are Economically Weak or Strong: (a) Identify several reasons put forth to explain why nations are prosperous or poor. (b) What does this section say is the foundation of the private market and prosperity?

> Caryn negotiates to buy 50 washers and 50 dryers from the “We-Clean-It Company.” These machines are going into laundromats that Caryn operates with her family. Because these machines will be heavily used, Caryn got the company to agree to a one-year warr

> (a) Explain the purpose of requiring certain types of contracts to be in writing. (b) List four types of contracts covered by the traditional statute of frauds.

> (a) A Newsweek article on business ethics concludes, “Even in today’s complex world, knowing what’s right is comparatively easy. It’s doing what’s right that’s hard.” Explain why this statement may be true in modern corporate decision making. (b) In 2010

> Gus contracts to buy a used car from Cars Galore Inc. The printed contract specifies “no warranties.” But Gus and the sales manager of Cars handwrite into the contract a 90-day guarantee on the transmission. If the transmission fails after 60 days, is th

> (a) How does the CISG facilitate international sales of goods? (b) How do free trade agreements, such as NAFTA and CAFTA-DR, benefit U.S. businesses?

> (a) What are the essential differences between the ICJ and the U.S. Supreme Court? (b) How does the ICJ determine international law?

> (a) In what way is an easement protected by a property fence? (b) Explain an easement by prescription.

> You are concerned because several of your employees have recently broken their employment contracts and left town. Investigation reveals that Sly and Company, your competitor in a nearby city, has paid bonuses to your former employees to persuade them to

> Fraud can be used to void a contract and as a basis for intentional tort. What is the advantage to a plaintiff of suing for the tort of fraud as opposed to using fraud merely as a contractual defense?

> Acme Airlines attempts to get control of Free Fall Airways by making a public offer to buy its stock from shareholders. Free Fall’s president, Joan, advises the shareholders in a letter that Acme’s president, Richard, is “little better than a crook” and

> Bartley signs a storage contract with Universal Warehouses. The contract specifies that Bartley’s household goods will be stored at Universal’s midtown storage facility while he is out of the country on business. Later, without contacting Bartley, Univer

> In recent months, homeowners downwind from International Cement Company have had clouds of cement dust settle on their property. Trees, shrubbery, and flowers have all been killed. The paint on houses has also been affected. Explain what tort cause of ac

> Explain the difference between false imprisonment and malicious prosecution. In what business situation does false imprisonment most frequently arise?

> Describe the reasons for the rising concern over business ethics.

> Explain the three principal invasions of personal interest that make up invasion of privacy.

> In business the intentional infliction of mental distress tort has most often involved what type of situation?

> Under what theory can an employee sue her employer for merely touching her? Explain.

> (a) Who has the primary responsibility for nontoxic solid waste disposal? (b) Describe the role of the Solid Waste Disposal Act in waste disposal.

> Before beginning the manufacture of a new pesticide, what process must a company follow under the pesticide-control acts?

> How does the ESA apply to private businesses? Explain.

> Explain the concept of “navigable waterway” and how it is related to the Clean Water Act.

> Explain the function of the EPA.

> The ABC department store refuses credit to Mary Jane. Mary Jane has a good job and no debts. She cannot understand the refusal. What would you suggest Mary Jane do? Explain.

> Jane Thomas applies for automobile financing at Kenwood Cars Inc., a used-car dealership. The dealership obtains a credit report on her. On the basis of this report, the dealership denies her credit. The manager informs her that she will have to get her

> Should what people say and do on computers be protected by a legal fence, or should these activities be freely available to businesses wishing to use the information they provide for marketing purposes?

> Why is taxation an important element to consider when selecting the appropriate organization for your business activities?

> Why should business owners take time to discuss the control each will exert over the organization’s activities?

> Relative to other factors discussed in this chapter, how important is the factor of creation?

> What do waivers and releases have in common?

> A tripling of prices by an illegal cartel of uranium producers caused Westinghouse Electric Corp. to default on uranium delivery contracts to a number of utility companies. The companies sued and Westinghouse settled. If the case had gone to trial, what

> To be a legitimate excuse for nonperformance, impossibility must be real and absolute. What are three examples of factual situations involving real impossibility of performance?

> Are seniority systems in the workplace legal under Title VII if in fact they discriminate on the basis of gender or race? Explain.

> Kartel Inc. found that historically African Americans had been significantly underrepresented in its workforce. It decided to remedy the situation and place African Americans in 50 percent of all new job openings. Discuss the legality of Kartel’s action.

> Silicon Products requires all male employees to wear their hair “off the collar.” Does this policy violate Title VII? Discuss.

> If Sam fails to wear a hard hat, as required by Super Construction Inc., his employer, and is injured by a falling hammer, can he recover workers’ compensation from Super Construction Inc.? Your answer should explain the basis for recovering workers’ com

> BigCo records all of the phone calls its employees make on BigCo’s land-line phones. Is BigCo liable under the Electronic Communications Privacy Act?

> Terry was hired as an assistant manager by the Assurance Manufacturing Company. There was no specific time period related to Terry’s employment. During Terry’s first day at work, the personnel director of Assurance gave Terry a copy of the employee’s han

> Larry, a machine operator, is concerned that the cardboard baler he is working on should have a safety shield to protect his arms from the moving parts. He is also worried that if he reports his concerns, he will be put on the night shift. What should he

> Robert left his position as commercial airline pilot to undertake his duties in the Marine Reserves for a tour of duty in Iraq. When he returns home a year later, his employer apologetically tells him that they filled his position during his absence and

> Why do you think Congress passed the Consumer Financial Protection Act when the FTC already had authority to regulate many acts over which the CFPB also has authority?

> During a business lunch, Bob eats salad dressing that contains almond extract. He is very allergic to nuts and suffers a severe allergic reaction. There are complications and Bob becomes almost totally paralyzed. Because Bob had instructed the restaurant

> Explain the three types of loss that give rise to compensatory damages.

> Why has the complaint against excessive government been consistent throughout the years?

> Are file-hosting sites like YouTube liable for infringing videos posted by their users?

> Explain why digital copies of works create greater difficulties in controlling infringement.